CHOICES FOR BEGGARS: Under the city's new ordinance, passive panhandling with a sign, as practiced by David "Homeless," will still be protected by free speech laws and allowed. Threatening or insulting language or behavior, however, will be verboten, as will any panhandling near bank lines, outdoor restaurants, and movie theater queues.

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The same week that the number of homeless to die within Santa Barbara city limits in 2009 hit 20-drastically overshadowing the 18 who died in all of 2008-the City Council passed a new ordinance making it illegal for anyone to “actively” panhandle anyone else in a direct, verbal fashion on State Street, Milpas Street, and Cabrillo Boulevard.

The new ordinance also beefed up prohibitions against “aggressive” panhandling- defined by the use of threats, intimidation, or insulting language-anywhere in the city. As a result of the council vote, both active and aggressive panhandling have been elevated from infractions to the status of criminal misdemeanors, punishable by fines up to $1,000 and jail terms of six months. In deference to free speech constitutional concerns, the new ordinance will still allow what’s known as “passive panhandling,” in which individuals solicit donations from passersby without addressing them directly, but instead, by holding up signs or playing music for tips.

The most heated controversy among councilmembers came over when the new ordinance should take effect. By a 4-3 vote, the council majority decided the new ordinance would not become effective until an “alternative giving” program is in place to compete with panhandlers for the spare change of small-time philanthropists. The proceeds of this program are slated to fund social service programs for street people. Development of that program, which involves donation containers on State Street and was initially scheduled to begin this September, has been hamstrung by design review considerations and lack of enthusiasm by the business community. The alternative giving plan is now expected to start early next year.

But by Tuesday, Falcone had a change of heart. “The community is demanding action now,” she declared.

The new ordinance came in response to growing complaints about increasingly aggressive panhandling in heavily trafficked parts of town and was proposed by an ad hoc subcommittee-led by councilmembers Iya Falcone, Helene Schneider, and Dale Francisco -charged with devising a comprehensive response to the problem of homelessness. After 40 hours of meetings, attended by as many as 100 stakeholders, the committee released its “12-point plan” of action this February, which was endorsed by the City Council. That plan specifically recommended that the tougher panhandling law be linked to an alternative giving plan, so that businesses-at best lukewarm to the idea-would have greater incentive to participate. But by Tuesday, Falcone had a change of heart. “The community is demanding action now,” she declared. With her were councilmembers Das Williams and Roger Horton. Williams, who in past discussions, has taken the business community to task for not embracing the alternative giving plan, expressed profound skepticism over the unsteady pace of its progress. By waiting, he said business owners would be denied the protections they needed, and homeless people would continue to poison themselves with alcohol and crystal meth.

Instead, Williams proposed the ordinance go into effect now, but be suspended in January if the alternative giving program did not materialize. Successfully holding the line for linkage, however, were councilmembers Dale Francisco, Helene Schneider, and Grant House. (Mayor Marty Blum, whose comments seemed to support both positions, ultimately cast the deciding vote their way.) Schneider and Francisco argued that the consensus out of which the 12-point plan had been so painstakingly negotiated would collapse if the deal were tinkered with. As Schneider noted, many had hoped the proceeds would help expand the limited number of detox beds now available to South Coast indigent from 12 to 24.

Skepticism abounds about the program. Alternative giving campaigns in the past have fizzled. And if donation devices were ever placed on State Street as an alternative to those who give to panhandlers, one street person warned that some of his brethren might “take their vengeance out on some crafty piece of art” in order to procure the funds needed “to get their groove on.” While tougher penalties for aggressive panhandling may sound impressive to many, the threat of a six-month sentence is probably more smoke than fire given chronic overcrowding at the County Jail. And a $1,000 fine will be well beyond the ability of most street people to pay.

Meanwhile, Santa Barbara’s homeless death toll continues to climb for the year, attracting the notice of Los Angeles Times columnist Steve Lopez, who reported Santa Barbara’s death toll-now at 20-has surpassed that of Santa Monica, which is 14. The names of the three homeless who died this past week have yet to be released pending notification of next of kin. One of the dead was known as “Guitar Man,” because he regularly played steel guitar on the 1100 block of State Street. His body was found outside on lower State Street. A 58-year-old man died at Cottage Hospital, and a woman in her early fifties died while at the Salvation Army.

Comments

What is wrong with the leadership? In a city with all the resources of SB 20 homeless die and the Latino children continue to fail in our schools and in our city. Maybe the ruling class needs to move aside.

I think we really need to redefine the term homeless. My friend David who has been divorced, lost his construction job,his home in Santa Maria and is now living in his truck is homeless. These unwashed bag people that hang around State St. and the Wharf aren't there because they've nowhere else to go, it's for the money. I support the efforts made in this town to help people, like my friend, with all the different services, I hope I never need them, but it's nice to know there available.But it's time to get these bag people off our streets, I'm sorry but no more, it's time to get tough and take back our town for businesses, residents, and tourists.For that, we must emulate the most Liberal-Progressive city in California - Berkeley. They passed the "Public Commons for Everyone Initiative", which aims to "clear the streets of aggressive and disruptive behavior." This law penalizes individuals for a wide range of behavior, including lying on or blocking sidewalks, smoking near doorways, littering and drinking, urinating, defecating and shouting in public. Guess what, this law reduced the homeless "Street People" population by 60%, while still maintaining services to help those in need. I never thought I'd say this, but SB needs to be more like Berkeley on this issue.

If a pandhandler cannot pay the fine because he has no money ( otherwise why panhandle?) what will they do with him if he is jailed? Will he stay forever in an already crowded jail? Death is part of life and people die every day but those who are unable to take advantage of life saving medical procedures and treatment are the most vulnerable. Exposure to disease, intense heat and cold, cancer when undetected, untreated heart conditions such as hypertension, all these can wear the immune system down and kill. Stress brings illness to the frail and undernourished, and what can be more stressful than not knowing where the next meal will come from or will someone kill you for your sleeping bag or your sleeping spot?

SB, the mecca for "homeless", i.e. the bums, drug addicts and alcoholics who will not work; the population has exploded over the last 5 years making it almost impossible to find a clean bench to sit upon or a park to go to with our grandkids without hearing profane language, smelling stinking urine and smoke and every other thing that comes with this growing population. They refuse to go get a meal or cleaned up as they might have to follow rules... don't we all? A friend of mine who lives in his camper, works a regular job tells me of these "bums" who encourage him to file for SSI as an alcoholic so he doesn't have to work. Let's cut out this corruption (it'll help our healthcare system as well). He always wants to work at a regular job, he just can't afford even an apartment here even though he has lived here most of his life. Let's help these people, give them a safe place to park and sleep at night and get clean (he is always clean, using a bucket). But let's enforce our laws and clean up this horrible problem. They will not change. From someone who has gone to working with the problem to being just plain fed up.

Craig Smith's blog in Edhat this morning raised questions about the propriety of fast food joints placing "tip jars" at their counters when the employees have really not performed any personalized service to a customer other than bagging their food and taking their money. Craig decried the idea as incredulously expanding the whole concept of tipping into the ridiculous realm.

It occured to me in reading Nick's column above that City Council is planning somewhat the same approach to the panhandling problem and their new aggressive panhandling ordinance, as Craig described in his "tip jar" treatise this morning. Our city leaders want to link this ordinance to a new program of placing fixed donation receptacles (i.e. "tip jars") around the city where panhandlers hang out awaiting their next opportunity to play pecuniary predator. The city would then have the citizenry deposit money in these "tip jars" to allegedly help fund various social services catering to the homeless in lieu of a direct donation to the panhandler.

This is one of the most ridiculous ideas I've heard in a long time! Especially so when one considers that the social services currently available to the homeless are basically impotent with a few exceptions, such as those delivered by Ken Williams at the County level. Also, are we to think that these curbside "tip jars" are not going to be looted, vandalized, dismantled, and otherwise rendered bankrupt? My guess is that the city will have to start repairing them or replacing stolen ones within days after installation. Or, might we perhaps see the city diverting these pennies, nickels, and dimes to other programs to compensate for the tough budget times just as they have down at the harbor.

And, this new ordinance is even more ludicrous! Aggressive panhandlers will be fined up to $1,000 and/or get 6 months in jail if arrested and convicted. Talk about clogging up the courts and the jail. But then there must be more cops on the street to enforce the new ordinance. Where will they come from? Besides, what panhandler can afford that kind of fine? So, they will get put into a jail that is already the defendant in a decades old lawsuit for gross overcrowding -- but they will get a warm place to sleep at night and three meals a day at county expense rather than city. Hmmmm, now that's creative budgeting by the city!

With something as absurd as the city's plan is, it's no wonder that the downtown business owners are very reluctant to participate. Their collective wisdom far exceeds that of our elected leaders. I rate this new program right up there with the "Blue Liners", the "Bulbouters" and the "Roundabouters". -

I don't have the answer to the panhandling problem, nor to the homeless problem -- but it is obvious that the city doesn't either!

Once again, our illustrious leaders have hoisted themselves on their own Petard!

How about community service for aggresive panhandlers? Instead of jail time, and fines which will never work. This law will just get buried like many others through the years..Have a city worker supervise while they scrub downtown with little scrubbrushes on sticks, the city worker can hose it into the gutter..The tourists will appreciate our clean little city once again..For those offenders that can function better there is Pacific Pride who had to lay off 11 of their people, it was in the paper..I'm sure there are other places around town that could use help..How about fixing broken sidewalks? Not just downtown but all over town people trip and fall on broken sidewalks...Everytime this happens and they get hurt 911 is called the Fire department shows up along with the medic's to transport the person to the hospital..Then a police officer has to show up and file a report on it in case the person sues the city, because after all it's our fault for not patching the sidewalk in the first place...Do you people realize how much money this costs our local taxpayers? If anyone would like to observe some broken or damaged sidewalks or curbs take a walk down just about any sidewalk surrounding the downtown area take your camera and please watch your step...There is alot of community service that can be done...You know the person doing it just might start feeling better about themselves and sober up, or take medication...Maybe instead of just giving things out for free they can earn things...Hey! I might even starrt panhandling myself I need some clothes lets see 56 waist, 36 long, xxxxxL Shirt, size 15 eee shoes..Community service is your answer to this law...Donation boxes will just get smashed someone has to figure out a way to give maybe follow Ojai with their coupon bartering system..

WOW! I can't believe my ear's! Homelessness in SB?When I left paradise in 95' to live in the Mid-West and then onto the East Coast of Summer HELL, Homelessness in SB was not worse then as in now. This new 'Panhandling Ordinance', has failed from the get-go. These recepticales for receiving funds from the public and tourist will be stolen, NO doublt but when your a Politician is giving you lips service then any idea will do. As for the Jails? When Winter arrives, the "Homeless" will break any Law that gets them a Warm bed, Three (3) Hot meal's and Medical services. These items are maditory at the Jail, not at the Shelter and besides, with the Majority of Homeless / 'Bag People' being Mentally challenged or chemically altered, they have NO where else to go. We can have our bleeding-heart and say, "Save the Homeless" but the truth is most would rather be out on the street than worrying about the Non-economy, Taxes or Socialization of America. As for the Killing? Gangs have targeted the Homeless for Intiation Gang Killings for years. The (illegal) Latino population is made-up of criminals and thugs who either prey on homeless or resident to further their criminal ventures, STOP them and the Homeless killings will cease but the death's will continue just at a slower rate.